IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.799 OF 2007

Nur Islam Khan     ...Appellant(s)

Versus

State of West Bengal     ...Respondent(s)

O  R  D  E  R

Heard learned counsel for the parties.

The sole appellant was convicted by the Trial Court under Section 302 of

the Indian Penal Code, 1860 [hereinafter referred to as “I.P.C.”] and sentenced to

undergo imprisonment for life.  On appeal being preferred, the High Court confirmed

the conviction.  Hence, this appeal by special leave.

Undisputedly, in the present case, there was no eye-witness to the alleged

occurrence  but  the  same  is  based  upon  circumstantial  evidence.   The  only

circumstance on the basis of which the conviction is based is that the deceased was

last seen with the appellant which, in our view, alone could not have been a ground to

convict the accused on the basis of circumstantial evidence.  It is well-settled that, in a

case  of  circumstantial  evidence,  conviction  can be  based only  if  there is  complete

chain of circumstances.  In the present case, there  is a solitary  circumstance much

less  chain of

...2/-

- 2 -  

circumstance which could not form the basis of conviction.  This being the position,

we are of the view that the High Court was not justified in upholding the conviction of

the appellant.

Accordingly,  the  appeal  is  allowed,  conviction  and  sentence  of  the

appellant are set aside and he is acquitted of the charge.

The appellant, who is in custody, is directed to be released forthwith, if not

required in connection with any other case.

......................J.       [B.N. AGRAWAL]

......................J.       [HARJIT SINGH BEDI]

New Delhi, September 09, 2008.